Lyman v. Kane
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Timothy Kane and another, from an. interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oswego on the 5th day of July, 1900, upon the decision of the court, rendered after a trial at the Oswego Special Term, overruling the defendants’ demurrer to the complaint.
1Opinion of the Court
Williams, 3".:
Action brought upon a bond given by defendant Kane upon procuring a liquor tax certificate, to recover the penalty of the bond, $700.
The complaint alleged the making of the application, the giving of the bond and the issue of the certificate (to traffic in liquor in premises on corner West Fourth and Lake streets, Oswego) on April 29, 1898. It further alleged false statements in the applica- ■ tión, viz.: That the applicant might lawfully carry on the traffic in liquor on the jiremises; that such traffic was lawfully carried on thereon March 23,1896, and premises had been…
2Cases cited1 opinion
- Lyman v. SchermerhornAppellate Division of the Supreme Court of the State of New York · 1900